Professional Documents
Culture Documents
0907 Updated
0907 Updated
ARRANGEMENT OF SECTIONS
PART I
P RELIMINARY
Section
1. Short title.
2. Interpretation.
3. Proceedings to which Act applies.
4. Neither acquittal nor conviction a bar to civil action for damages.
PART II
P ROSECUTION AT P UBLIC INSTANCE
A. Attorney-General
5. Criminal proceedings in name of State.
6. Delegation of functions of Attorney-General.
7. Director of Public Prosecutions.
8. Presiding officer may appoint prosecutor in certain cases.
9. Attorney-General’s power of stopping prosecutions.
9A. Prosecutions for contempt of court proceedings.
10. Power of ordering liberation of persons committed for further examination, sentence or trial.
B. Local public prosecutor
11. Functions of local public prosecutor.
PART III
P RIVATE P ROSECUTIONS
A. Without warrant
24. Arrest and verbal order to arrest.
25. Arrest without warrant by peace officer or other officer.
26. Power of peace officer to call for name and address of certain persons.
27. Arrest by private person for certain offences committed in his presence.
28. Arrest by private person in case of affray.
29. Owners of property may arrest in certain cases.
30. Arrest by private person for certain offences on reasonable suspicion.
31. Arrest of persons offering stolen property for sale.
31A. Arrest by persons in charge of ship, boat or aircraft
32. Procedure after arrest without warrant.
B. With warrant
33. Warrant of arrest by judge, magistrate or justice.
34. Execution of warrant.
35. Telegram, radio message or entry in Police Gazette to be authority for execution of warrant.
36. Arresting wrong person.
37. Irregular warrant or process.
38. Tenor of warrant.
C. General
39. Assistance by private persons called on by officers of the law.
40. Breaking open of doors after failure in obtaining admission for purpose of arrest or search.
41. Arrest—how made, and search thereon of person arrested.
42. Resisting arrest.
43. Power to retake on escape.
44. [Repealed].
45. Saving of other powers of arrest.
46. Saving of civil rights.
PART VI
SEARCH WARRANTS, S EIZURE, DETENTION AND DISPOSAL OF PROPERTY C ONNECTED WITH OFFENCES AND C USTODY OF WOMEN UNLAW-
FULLY DETAINED FOR IMMORAL PURPOSES
A. In High Court
160. Bringing of accused persons to trial before High Court.
161. Change of place of trial.
162. When removed prisoner to be tried.
B. In magistrates court
163. Accused in magistrates court to be brought for trial at once.
164. Persons brought before wrong court.
C. General for all courts
165. Trial of pending case may be postponed.
166. Adjournment of trial.
167. Accused may be admitted to bail on postponement or adjournment of trial.
168. Accused to plead to indictment, summons or charge.
169. Termination of bail on plea to indictment in High Court.
170. Objections to indictment, how and when to be made.
171. Exceptions.
172. Certain omissions or imperfections not to invalidate indictment.
173. Averments as to time of commission of offence.
174. Proceedings where indictment alleges offence committed on impossible day.
175. Proceedings if defence is an alibi.
176. Indictments relating to blasphemous, seditious, obscene or defamatory matters.
177. Court may order delivery of particulars.
178. Application to quash indictment.
179. Notice of application to quash indictment and certain pleas to be given.
180. Pleas.
181. Person committed or remitted for sentence.
182. Accused refusing to plead.
183. Truth of defamatory matter to be specially pleaded and to be proved by accused.
184. Statement of accused sufficient plea of former conviction or acquittal.
185. Trial on plea to jurisdiction.
186. Issues raised by plea to be tried.
187. Lack of jurisdiction or title to prosecute not to be raised after conviction.
188. Outline of State and defence cases.
189. Statement made or withholding of relevant fact by accused may be used as evidence against him.
PART XII
P ROCEDURE AFTER C OMMENCEMENT OF T RIAL
A. In all courts
190. Separate trials.
191. Legal representation.
192. Trial of mentally disordered or defective persons.
193. Detention of persons who are deaf or mute or both.
194. Presence of accused.
195. Concealment of identity of juvenile on trial.
196. Concealment of identity of complainant and witnesses in certain cases.
197. Identity of juvenile witnesses not to be revealed.
198. Conduct of trial.
199. Refusal of accused giving evidence or being questioned to answer question without just cause may be used
as evidence against him.
200. Summing up.
201. Validity of verdict.
202. Certain discrepancies between indictment and evidence may be corrected.
203. Defect in indictment, summons or charge may be cured by evidence.
204. Verdict to be of same effect as if indictment had been originally correct.
B. In cases remitted to magistrates court
205. [Repealed]
206. [Repealed]
C. Verdicts possible on particular indictments, summonses and charges
207. Conviction for part of crime charged
208. – 224. [Repealed]
PART XIII
P ROCEDURE IN RESPECT OF CASES ADJOURNED UNDER S ECTION 54 OF M AGISTRATES C OURT ACT [C HAPTER 7:10]
AN ACT to consolidate and amend the law relating to procedure and evidence in criminal cases, and
to make provision for other matters incidental to such procedure and evidence.
[Date of commencement: 1st June, 1927.]
PART I
P RELIMINARY
1 Short title
This Act may be cited as the Criminal Procedure and Evidence Act [Chapter 9:07].
2 Interpretation
In this Act—
“company” means a company incorporated or registered under any enactment generally governing compa-
nies or under any special enactment or under letters patent or Royal Charter;
“court” or “the court”, in relation to any matter dealt with under a particular provision of this Act, means the
judicial authority which under this Act or any other enactment has jurisdiction in respect of that matter;
“day” or “day-time”, when used in contra-distinction to “night” or “night-time”, means the space of time be-
tween sunrise and sunset;
“judge” means a judge of the High Court;
“justice” means a justice of the peace appointed or exercising functions as such under any enactment;
“legal representative” means—
(a) in relation to a person who is represented by a legal practitioner, that legal practitioner;
(b) in relation to an accused person under the age of sixteen who is assisted by his natural or legal
guardian, that guardian;
(c) in relation to an accused person whom a court has in terms of section one hundred and ninety-
one permitted to be assisted by another person, that other person;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“money” includes all coined money, whether current in Zimbabwe or not, and all bank-notes, bank-drafts,
cheques, orders or warrants or any other authorities whatever for the payment of money;
“night” or “night-time”, when used in contra-distinction to “day” or “day-time”, means the space of time be-
tween sunset and sunrise;
“offence” means an act or omission punishable by law;
“peace officer” includes—
(a) any magistrate or justice;
(b) the Sheriff or any deputy sheriff;
(c) any police officer;
(d) any prison officer;
(e) any immigration officer;
(f) any inspector of mines;
(g) any—
(i) chief, within his area; and
(ii) headman, within his chief’s area; and
(iii) village head, within the area of his village; and
(iv) chief’s messenger or headman’s messenger, within the chief's area;
as defined in the Traditional Leaders Act [Chapter 29:17];
[Paragraph amended by section 52 of Act 25 of 1998.]
(h) any other person designated by the Minister by a statutory instrument;
“person” and “owner” and other like terms, when used with reference to property or acts, include corpora-
tions of all kinds, and any other association of persons capable of owning or holding property or doing
acts and they also, when relating to property, include any department of the State;
“premises” includes, in addition to any land, building or structure, any vehicle, conveyance, ship or boat;
“property” includes everything animate or inanimate, corporeal or incorporeal, capable of being the subject
of ownership;
“public prosecutor” includes any person delegated generally or specially by the Attorney-General under this
Act;
“sexual offence” means—
(a) for the purpose of section 278, any of the following offences or an attempt to commit any of the
following offences—
(i) rape;
(ii) aggravated indecent assault;
(iii) sexual intercourse or performing an indecent act with a young person;
(iv) sodomy;
(v) sexual intercourse within a prohibited degree of relationship;
(vi) deliberate infection of another with a sexually transmitted disease;
(vii) deliberate transmission of HIV;
(viii) coercing or inducing a person for the purpose of engaging in sexual conduct;
(b) for the purpose of section 302A, any of the following offences or an attempt to commit any of
the following offences—
(i) rape;
(ii) aggravated indecent assault;
(iii) sexual intercourse or performing an indecent act with a young person, involving any
penetration of any part of his or her or another person’s body that involves a risk of
transmission of HIV;
(iv) deliberate transmission of HIV;
[Definition inserted by section 2 of Act 9 of 2006.]
“statutory capital offence” means an offence where any enactment requires that the person convicted of such
offence shall be sentenced to death;
“suitably qualified nurse” means a State certified nurse, paediatric nurse, State certified traumatology nurse
or general registered nurse registered as such in terms of the Health Professions Act [Chapter 27:19]
(No.6 of 2000);
[Definition inserted by section 2 of Act 9 of 2006.]
“valuable security” includes any document which is the property of any person and which is the evidence of
the ownership of any property or of the right to recover or receive any property.
3 Proceedings to which Act applies
This Act shall apply to all criminal proceedings in the High Court and the Supreme Court and in magistrates
courts in respect of any offence.
4 Neither acquittal nor conviction a bar to civil action for damages
Neither a conviction nor an acquittal following on any prosecution shall be a bar to a civil action for damages
at the instance of any person who may have suffered any injury from the commission of any alleged offence.
PART II
P ROSECUTION AT P UBLIC INSTANCE
A. Attorney-General
5 Criminal proceedings in name of State
Any criminal proceedings purporting to be instituted in the name of the State shall for all purposes be deemed
to be instituted in the name of Zimbabwe.
6 Delegation of functions of Attorney-General
(1) The Attorney-General may, when he deems it expedient, appoint any legal practitioner entitled to practise
in Zimbabwe to exercise all or any of the rights and powers or perform all or any of the functions conferred upon
him by subsection (5) of section 76 of the Constitution, this Act or any other enactment, whether or not they relate
to criminal proceedings.
(2) A legal practitioner appointed in terms of subsection (1) may, subject to any conditions which the Atto r-
ney-General may impose—
(a) sign any certificate, authority or other document required or authorized by an enactment referred to in
that subsection; and
(b) appoint a legal practitioner entitled to practise in Zimbabwe to exercise the rights and powers or perform
the functions delegated to him in terms of subsection (1) and the provisions of this subsection shall ap-
ply, mutatis mutandis, in respect of that appointment.
7 Director of Public Prosecutions
There shall be a Director of Public Prosecutions whose office shall be a public office and shall form part of
the Public Service.
8 Presiding officer may appoint prosecutor in certain cases
If for any reason the person appointed in terms of section six to conduct a prosecution is unable to act or if no
person has been so appointed, the officer presiding over the court or examination shall, by writing under his hand,
designate some fit and proper person for that occasion to prosecute or, as the case may be, to appear.
[Section amended by section 32 of Act 9 of 2006.]
9 Attorney-General’s power of stopping prosecutions
The Attorney-General may, at any time before conviction, stop any prosecution commenced by him or by any
other person charged with the prosecution of criminal cases but, if the accused has already pleaded to any charge,
he shall be entitled to a verdict of acquittal in respect of that charge.
9A Prosecutions for contempt of court proceedings
(1) A court or tribunal may, on its own motion, institute proceedings for contempt of court against any person
who is alleged to have impaired its dignity, reputation or authority in the presence of the court or tribunal.
(2) No court, tribunal or person, other than the Attorney-General or someone acting on the express authority
of the Attorney-General, shall institute or continue any proceedings for contempt of court against anyone who is
alleged to have impaired the dignity, reputation or authority of a court or tribunal in circumstances other than
those referred to in subsection (1).
(3) Nothing in this section shall affect the institution of proceedings for contempt of court against any person
for the purpose of enforcing any order of a court or tribunal.
[Section inserted by section 14 of Act 14 of 2002.]
10 Power of ordering liberation of persons committed for further examination, sentence or trial
The Attorney-General may order the liberation of any person committed to prison for further examination,
sentence or trial and for that liberation a document setting forth that the Attorney-General sees no grounds for
prosecuting such person and signed by him shall be a sufficient warrant.
B. Local public prosecutor
11 Functions of local public prosecutor
(1) All public prosecutors attached to a magistrates court are, as representatives of the Attorney-General and
subject to his instructions, charged with the duty of prosecuting in that magistrates court, in the name and on
behalf of Zimbabwe, all offences which, under any enactment governing magistrates courts or any other enact-
ment, that magistrates court has jurisdiction to try.
(2) Criminal proceedings instituted in a magistrates court by any local public prosecutor may be continued by
any other public prosecutor.
(3) When there is lodged with or made before a local public prosecutor a sworn declar ation in writing by any
person disclosing that any other person has committed an offence chargeable in the magistrates court to which
such public prosecutor is attached, he shall determine whether there are good grounds for prosecution or not:
Provided that—
(i) he may refer to the Attorney-General the question whether he shall prosecute or not;
(ii) any other person may be specially authorized by the Attorney-General to prosecute in the matter.
PART III
P RIVATE P ROSECUTIONS
23 Prescription of offences
(1) The right of prosecution for murder shall not be barred by any lapse of time.
(2) The right of prosecution for any offence other than murder, whether at the public instance or at the in-
stance of a private party, shall, unless some other period is expressly provided by law, be barred by the lapse of
twenty years from the time when the offence was committed.
PART V
ARRESTS
A. Without warrant
24 Arrest and verbal order to arrest
(1) It shall be lawful for any judge, magistrate or justice, who has knowledge of any offence by seeing it
committed, himself to arrest the offender or by a verbal order to authorize others so to do.
(2) The persons authorized in terms of subsection (1) are empowered and required to follow the offender if
he flees, and to execute the order on him out of the presence of the judge, magistrate or justice.
25 Arrest without warrant by peace officer or other officer
(1) Any peace officer and any other officer empowered by law to execute criminal warrants is hereby author-
ized, subject to the general or specific directions of a superior officer or person placed in authority over him, to
arrest without warrant—
(a) any person who commits any offence in his presence;
(b) any person whom he or she has reasonable grounds to suspect of having committed any of the offences
mentioned in the First Schedule or the Ninth Schedule:
Provided that if, in the case of an offence mentioned in the Ninth Schedule, the peace officer or
other officer concerned has reason to believe that the offence is sufficiently serious to justify the issue
by the Attorney-General of a certificate referred to in subsection (3b) of section thirty-two, the officer
concerned shall not effect an arrest in terms of this paragraph
(i) unless he or she is a police officer who is of or above the rank of assistant inspector, or is given
leave by such an officer to effect the arrest; and
(ii) where the alleged offence is disclosed by an anonymous complainant, unless the officer con-
cerned immediately (and in any case no later than the end of the day on which the complaint is
received) records in writing the particulars, time and date of such complaint and the manner in
which it was made;
[Paragraph (b) substituted by section 2 of Act 14 of 2004.]
(c) any person whom he finds attempting to commit an offence, or clearly manifesting an intention so to do.
(2) Any peace officer may, without any order or warrant, arrest—
(a) any person having in his possession any implement of housebreaking and not being able to account
satisfactorily for such possession;
(b) any person in whose possession anything is found which it is reasonably suspected is stolen property or
property dishonestly obtained, and who is reasonably suspected of having committed an offence with re-
spect to such thing;
(c) any person who obstructs a police officer or other peace officer while in the execution of his duly or
who has escaped or attempts to escape from lawful custody;
(d) any person reasonably suspected of being a deserter from the Defence Forces of Zimbabwe;
(e) any person who has been concerned in, or against whom a reasonable complaint has been made or
credible information has been received, or a reasonable suspicion exists of his having been concerned in,
any act committed at any place outside Zimbabwe, which if committed in Zimbabwe would have been
punishable as an offence, and for which he is, in terms of any enactment relating to extradition or fugi-
tive offenders or otherwise, liable to be arrested or detained in custody in Zimbabwe;
(f) any person being or loitering in any place under such circumstances as to afford reasonable grounds for
believing that he has committed or is about to commit an offence;
(g) any person reasonably suspected of committing or of having committed an offence under any enactment
governing the making, supply, use, possession or conveyance of intoxicating liquor, habit-forming
drugs, traditional beer or harmful liquids or the possession or disposal of arms or ammunition;
(h) any person reasonably suspected of being a prohibited immigrant in Zimbabwe, for the purpose of any
enactment regulating entry into or residence in Zimbabwe;
(i) any person found in any gambling-house or at any gambling-table, the keeping or visiting whereof is in
contravention of any enactment for the prevention or suppression of gambling or games of chance;
(j) any person reasonably suspected of being or having been in unlawful possession of stock or produce, as
defined in any enactment for preventing the theft of stock or produce.
(3) Whenever it is provided in any enactment that the arrest of any person may be made by a police officer or
other official without warrant, subject to conditions or to the existence of circumstances in that enactment set out,
an arrest by any peace officer, without warrant or order, may be made of such person, subject to those conditions
or the existence of those circumstances.
26 Power of peace officer to call for name and address of certain persons
(1) A peace officer may call upon—
(a) any person whom he has power to arrest; and
(b) any person reasonably suspected of having committed any offence; and
(c) any person who may in his opinion be able to give evidence in regard to the commission or suspected
commission of any offence;
to furnish such peace officer with his full name and address.
(2) If a person on demand in terms of subsection (1)—
(a) fails to furnish his full name and address, the peace officer making the demand may forthwith arrest
him; or
(b) furnishes to the peace officer a name or address which the peace officer, upon reasonable grounds,
suspects to be false, such person may be arrested and detained for a period not exceeding twelve hours
until the name and address so furnished have been verified.
(3) Any person who, when called upon under this section to furnish his name and address, fails to do so, or
furnishes a false or incorrect name and address, shall be guilty of an offence and liable to a fine not exceeding
level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
47 Interpretation in Part VI
In this Part—
“article” includes any document or substance.
48 Savings as to certain powers conferred by other enactments
This Part shall not derogate from any power conferred by any other enactment to enter any premises, to
search any person, container or premises, to seize any article, to declare any article forfeited or to dispose of any
article.
49 State may seize certain articles
The State may, in accordance this Part, seize any article—
(a) which is concerned in or is on reasonable grounds believed to be concerned in, the commission or
suspected commission of an offence, whether within Zimbabwe or elsewhere; or
(b) which it is on reasonable grounds believed may afford evidence of the commission or suspected com-
mission of an offence, whether within Zimbabwe or elsewhere; or
(c) which is intended to be used or is on reasonable grounds believed to be intended to be used in the
commission of an offence.
50 Article to be seized under warrant
(1) Subject to sections fifty-one, fifty-two and fifty-three, an article referred to in section forty-nine shall be
seized only by virtue of a warrant issued—
(a) by a magistrate or justice, if it appears to the magistrate or justice from information on oath that there are
reasonable grounds for believing that any such article is in the possession or under the control of any
person, or upon or in any premises or area, within his area of jurisdiction; or
[Paragraph amended by section 44 of Act 1 of 2002.]
(b) by a judge or magistrate presiding at criminal proceedings, if it appears to the judge or magistrate that
any such article in the possession or under the control of any person or upon or in any premises is re-
quired in evidence in the proceedings.
(2) A warrant issued in terms of subsection (1) shall require a police officer to seize the article in question
and shall to that end authorize such police officer, where necessary—
(a) to search any person identified in the warrant; or
(b) to enter and search any premises identified in the warrant, or any premises within an area identified in
the warrant, and to search any person found upon or in those premises.
[Paragraph amended by section 44 of Act No. 1 of 2002.]
(3) A warrant—
(a) may be issued on any day and shall be of force until it is executed or it is cancelled by the person who
issued it or, if that person is not available, by a person with like authority; and
(b) shall be executed by day, unless the person issuing the warrant in writing authorizes the execution
thereof by night.
(4) A police officer executing a warrant in terms of this section shall, after such exec ution, upon demand of
any person whose rights in respect of any search or article seized under the warrant have been affected, hand to
him a copy of the warrant.
51 Search and seizure without warrant
(1) A police officer may, without warrant, search any person or container or premises for the purposes of
seizing any article referred to in section forty-nine and additionally, or alternatively, seize any such article—
(a) if the person concerned consents to the search for and additionally, or alternatively, the seizure of the
article in question or if a person who may consent to the search of the container or premises consents to
such search and additionally, or alternatively, the seizure of the article in question; or
(b) if he on reasonable grounds believes that—
(i) a warrant would be issued to him in terms of paragraph (a) of subsection (1) of section fifty if he
applied for one; and
(ii) the delay in obtaining a warrant would prevent the seizure or defeat the object of the search, as
the case may be.
(2) Where a police officer has reason to suspect that an offence has been committed by any person on board a
boat on inland waters, it shall be lawful for him to stop, go on board and search such boat without warrant and to
seize any thing which he has reasonable grounds for believing will afford evidence as to the commission of an
offence under any law.
(3) Any person who, when called upon in terms of subsection (2) to stop a boat under his co ntrol, fails to
comply immediately with such request shall be guilty of an offence and liable to a fine not exceeding level four or
to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
68 – 111 ….
[Sections 68 – 11 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII.]
PART VIII
C ONFIRMATION OF EXTRA-C URIAL S TATEMENTS
115B Proof of evidence and statements given or made at confirmation or verification proceed-
ings and furnishing of copies thereof to accused
(1) Subject to subsection (2), in any proceedings in any court—
(a) a document, purporting to be the longhand record of the evidence given by a witness or of a statement or
evidence made or given by the accused at confirmation or verification proceedings and purporting to
have been taken down by the magistrate holding such proceedings; or
(b) a document which—
(i) purports to be a transcription of the original record of the evidence given by a witness or of a
statement or evidence made or given by the accused at confirmation or verification proceedings
and taken down in shorthand writing or by mechanical means; and
(ii) purports to have been certified as correct under the hand of the person who transcribes such
record;
shall, upon its mere production by any person, be prima facie evidence of such statement or evidence, as the case
may be, and, if the same was made or given as aforesaid through an interpreter or interpreters, of the correctness
of the interpretation.
(2) Notwithstanding subsection (1), the terms of—
(a) any statement produced in confirmation proceedings shall not be proved except by the production of the
statement as confirmed by the magistrate in terms of section 113(3) or, where the statement is not so
confirmed, by calling as a witness the person to whom the statement was made;
(b) any deposition which was the subject of verification proceedings shall not be proved except by the
production of the deposition as verified by the magistrate in terms of section 115B(6)(a) or, where the
deposition is not so verified, by calling as a witness the person who made the deposition, unless the
court, in its discretion (where the witness cannot be found after diligent search, or cannot be compelled
to attend the court), allows the deposition to be read as evidence at the trial, subject to the conditions
mentioned in section 255.
[The reference to “section 115B(6)(a)” in paragraph (b) is incorrect. It should read “section 115A(6)(a)”. – Law Reviser.]
(3) If the accused is indicted for trial before the High Court, a copy of any of the following documents as
may relate to his or her case shall be served upon the accused together with the other documents served upon him
or her in terms of section 66—
(a) a statement confirmed in terms of section 113(3); and
(b) a deposition verified in terms of section 115B(6)(a) and
The reference to “section 115B(6)(a)” in paragraph (b) is incorrect. It should read “section 115A(6)(a)”. – Law Reviser.]
(c) a record referred to in subsection (1).
[Section inserted by section 8 of Act 9 of 2006]
PART IX
B AIL
122 …..
[Section repealed by section 2 of Act 8 of 1997]
PART X
INDICTMENTS, S UMMONSES A ND C HARGES
A. In High Court
160 Bringing of accused persons to trial before High Court
(1) Except as is otherwise expressly provided in this Act as to the postponement or adjour nment of a trial,
every person committed for trial or sentence whom the Attorney-General has decided to prosecute before the High
Court shall be brought to trial on such date as may be determined by the Attorney-General:
Provided that the High Court may, on application by the accused and on good cause shown by him, order that
the trial shall take place on an earlier date than that determined by the Attorney-General.
(2) If a person referred to in subsection (1) is not brought to trial after the expiry of six months from the date
of his committal for trial, his case shall be dismissed:
Provided that any period during which such person is, through circumstances beyond the control of the Attor-
ney-General, not available to stand trial shall not be included as part of the period of six months referred to in this
subsection.
(3) ….
[Subsection repealed by section 13 of Act 9 of 2006.]
A. In all courts
190 Separate trials
When two or more persons are charged in the same indictment, summons or charge, whether with the same
offence or with different offences, the court may at any time during the trial on the application of the prosecutor or
of any of the accused, direct that the trial of the accused or any of them shall be held separately from the trial of
the other or others of them, and may abstain from giving a judgment as to any of such accused.
191 Legal representation
Every person charged with an offence may make his defence at his trial and have the witnesses examined or
cross-examined—
(a) by a legal practitioner representing him; or
(b) in the case of an accused person under the age of sixteen years who is being tried in a magistrates court,
by his natural or legal guardian; or
(c) where the court considers he requires the assistance of another person and has permitted him to be so
assisted, by that other person.
192 Trial of mentally disordered or defective persons
If at any time after the commencement of any criminal trial it is alleged or appears that the accused is not of
sound mind, or if on such a trial the defence is set up that the accused was not criminally responsible on the
ground of mental disorder or defect for the act or omission alleged to constitute the offence with which he is
charged, he shall be dealt with in the manner provided by the Mental Health Act [Chapter 15:06].
193 Detention of persons who are deaf or mute or both
(1) Subject to section one hundred and ninety-two, in any criminal proceedings, if it appears to the court that
the accused is unable properly to conduct his defence by reason of deafness or muteness or both, the court may, if
it is satisfied, after hearing such evidence as the State may lead and such other evidence as the court may think
necessary or desirable, that it is necessary in the interests of the safety of the public or for the protection of the
accused that the accused should not be released from custody or should be kept in custody, as the case may be,
order the accused to be kept in custody in some prison pending the decision of the President in terms of subsection
(3).
(2) A certified copy of an order in terms of subsection (1) shall be transmitted by the registrar or the clerk of
the court to—
(a) a magistrate of the province in which the prison named in the order is situated; and
(b) the Minister, who shall thereupon ascertain the decision of the President in terms of subsection (3) and
notify the magistrate referred to in paragraph (a) accordingly.
(3) The President may, from time to time, give such directions as he thinks fit as to the further detention or
care in an institution or other place of a person detained in terms of subsection (1) and may at any time order the
discharge of that person.
194 Presence of accused
(1) Every criminal trial shall take place and the witnesses shall, except as is otherwise specifically provided
by this Act or any other enactment, give their evidence viva voce in open court in the presence of the accused,
unless he so conducts himself as to render the continuance of the procee dings in his presence impracticable, in
which event the court may order him to be removed and direct that the trial proceed in his absence.
(2) If the accused absents himself during the trial without leave, the court may direct a warrant to be issued to
arrest him and bring him before the court forthwith.
(3) The court may, at any time during the trial, order that any or every person who is to be called as a witness,
other than the accused himself, shall leave the court and remain absent until he is called, and that he shall remain
in court after his evidence has been given.
(4) …
[Subsection repealed by section 6 of Act 8 of 1997.]
(5) The provisions of subsections (6) and (7) of section seventy-eight shall apply, mutatis mutandis, at every
criminal trial.
(6) …
[Subsection repealed by section 6 of Act 8 of 1997.]
(7) …
[Subsection repealed by section 6 of Act 8 of 1997.]
(8) …
[Subsection repealed by section 6 of Act 8 of 1997.]
195 Concealment of identity of juvenile on trial
(1) No person shall at any time publish by radio or television or in any document produced by printing or any
other method of multiplication, the name, address, school or place of occupation or any other information likely to
reveal the identity of any person under the age of eighteen years who is being or has been tried in any court on a
charge of having committed any offence:
Provided that, if—
(a) the judge or magistrate presiding at the trial; or
(b) the Minister at any time after the trial;
is of the opinion that publication referred to in this subsection would in the circumstances of the particular case be
just and equitable and in the public interest or in the interests of any particular person, he may consent to such
publication and the consent shall be conveyed by a document signed by the judge or the registrar of the High
Court or by the magistrate or the clerk of the magistrates court or by the Minister, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceed-
ing level six or to imprisonment for a period not exceeding twelve months or to both such fine and such impris-
onment.
[Subsection amended by section 28 of Act 9 of 2006 which incorrectly identifies it as section 196(2)]]
196 Concealment of identity of complainant and witnesses in certain cases
(1) Where an accused is charged with committing or attempting to commit—
(a) any indecent act towards another person; or
(b) any act for the purpose of procuring or furthering the commission of an indecent act towards or in
connection with any other person; or
(c) extortion or a statutory offence of demanding from any other person some advantage which is not due
and, by inspiring fear in such person’s mind, compelling him to render such advantage;
no person shall at any time publish by radio or television or in any document produced by printing or any other
method of multiplication the name, address, place of occupation or any other information likely to reveal the
identity of any person referred to in paragraph (a), (b) or (c) or of any witness unless the judge or magistrate
presiding at the trial, after consulting the person concerned or, if he is a minor, his guardian, has given his consent
in writing to such publication conveyed in a document signed by the judge or the registrar of the High Court or by
the magistrate or the clerk of the magistrates court, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceed-
ing level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprison-
ment.
[Subsection amended by section 4 of Act 22 of 2001.]
208 - 224 ….
[Sections 208 – 224 repealed by Act No. 23 of 2004]
PART XIII
PROCEDURE IN R ESPECT OF C ASES ADJOURNED UNDER S ECTION 54 OF M AGISTRATES COURT ACT [C HAPTER 7:10]
C. Competency of witnesses
244 No person to be excluded from giving evidence except under this Act
Every person not expressly excluded by this Act from giving evidence shall be competent and compellable to
give evidence in a criminal case in any court in Zimbabwe.
[Section amended by section 28 of Act 9 of 2006.]
245 Court to decide questions of competency of witnesses
It shall be competent for the court in which any criminal case is depending to decide upon all questions con-
cerning the competency and compellability of any witness to give evidence.
[Section amended by section 28 of Act 9 of 2006.]
E. Admissibility of evidence
252 Inadmissibility of irrelevant evidence
No evidence as to any fact, matter or thing shall be admissible which is irrelevant or immaterial and cannot
conduce to prove or disprove any point or fact at issue in the case which is being tried.
253 Hearsay evidence
(1) No evidence which is of the nature of hearsay evidence shall be admissible in any case in which such evi-
dence would be inadmissible in any similar case depending in the Supreme Court of Judicature in England.
(2) When evidence of a statement, oral or written, made in the ordinary course of duty, contemporaneously
with the facts stated and without motive to misrepresent, would be admissible in the Supreme Court of Judicature
in England if the person who made the statement were dead, such evidence shall be admissible in any criminal
proceedings if the person who made the statement is dead or unfit by reason of his bodily or mental condition to
attend as a witness or cannot with reasonable diligence be identified or found or brought before the court.
[Subsection amended by section 28 of Act 9 of 2006.]
(3) The court may, in deciding whether or not the person in question—
(a) is unfit to attend as a witness, act on a certificate purporting to be a certificate of a medical practitioner;
(b) is dead or cannot with reasonable diligence be identified or found or brought before the court, act on
evidence submitted by way of affidavit.
254 Admissibility of dying declarations
(1) A declaration made by any deceased person upon the apprehension of death shall be admissible or ina d-
missible in evidence in every case in which such declaration would be admissible or inadmissible in any similar
case depending in the Supreme Court of Judicature in England.
(2) When it is made to appear to the satisfaction of any magistrate that any person is dangerously ill and, in
the opinion of a medical practitioner, not likely to recover from such illness and is able and willing to give mate-
rial information relating to any offence or to any person accused of any offence, and it is not practicable to exam-
ine in accordance with any other provision of this Act the person so being ill, it shall be lawful for the said
magistrate to take in writing the statement on oath of such person.
(3) The magistrate taking a statement in terms of subsection (2) shall sign it and set out his reason for taking
the same, the date and place of taking it and the names of the persons, if any, present at the time.
(4) If afterwards, upon the trial of any offender or offence to which the same may relate, the person who
made a statement taken in terms of subsection (2) is proved to be dead, or if it is proved that there is no reasonable
probability that such person will ever be able to travel or give evidence, it shall be lawful to read such statement in
evidence either for or against the accused without further proof thereof—
(a) if the same purports to be signed by the magistrate by or before whom it purports to be taken; and
(b) if it is proved to the satisfaction of the court that reasonable notice of the intention to take such statement
has been served upon the person, whether prosecutor or accused, against whom it is proposed to be read
in evidence and that such person or his legal representative had or might have had, if he had chosen to
be present, full opportunity of cross-examining the person who made the same.
255 Admissibility in criminal cases of evidence of absent witnesses in certain circumstances
(1) The evidence of any witness—
(a) given at a former criminal trial of an accused on the same or a different charge and recorded in a docu-
ment purporting—
(i) to be a transcript of the original record of the said evidence; and
(ii) to have been certified as correct under the hand of the person who transcribed it;
or
(b) whose deposition has been verified in terms of section 115A;
shall, subject to subsection (2), be admissible in evidence on the trial of the accused for any offence.
(2) The evidence of a witness referred to in subsection (1) shall not be admissible unless—
(a) it is proved on oath to the satisfaction of the court that the witness—
(i) is dead or is incapable of giving evidence, or that he or she is too ill to attend; or
(ii) is kept away from the trial by the means and contrivance of the accused; or
(iii) cannot be found after diligent search, or cannot be compelled to attend; or
(iv) is an expert witness whose evidence is given in his or her capacity as an expert witness, and that
the nature of the witness’s professional commitments is such as to render it impossible to secure
his or her attendance at the trial on any given day;
and that the evidence is the same that was given at the previous criminal trial or at the conference re-
ferred to in section 115A, as the case may be, without any alteration; and
(b) it appears on the record or is proved to the satisfaction of the court that the accused, personally or by his
or her legal representative, had a full opportunity of cross-examining the witness, even if the accused or
his or her legal representative, did not avail himself or herself of that opportunity.
(3) Where is proved on oath to the satisfaction of the court that any witness, other than one whose deposition
was verified as mentioned in subsection (1)(b)—
(a) is dead or incapable of giving evidence, or is too ill, to attend; or
(b) has been kept away from the trial by the means and contrivance of the accused; or
(c) cannot be found after diligent search or cannot be compelled to attend; or
(d) is an expert witness whose evidence is given in his or her capacity as an expert witness, and that the
nature of the witness’s professional commitments is such as to render it impossible to secure his or her
attendance at the trial on any given day;
the evidence of such witness may, at the discretion of the court, be admissible in evidence on the trial of the
accused for any offence.
[Section substituted by section 18 of Act 9 of 2006.]
256 Admissibility of confessions and statements by accused
(1) Any confession of the commission of an offence and any statement which is proved to have been freely
and voluntarily made by an accused person without his having been unduly influenced thereto shall be admissible
in evidence against such accused person if tendered by the prosecutor, whether such confession or statement was
made before or after his arrest, or after committal and whether reduced into writing or not:
Provided that—
(i) a certified copy of the record produced in terms of subsection (1) of section 115B shall be admissible in
evidence against the accused;
(ii) any information given under any enactment which provides a penalty for a failure or refusal to give such
information shall not, on that account alone, be inadmissible.
[Subsection amended by section 19 of Act 9 of 2006.]
(2) A confession or statement confirmed in terms of subsection (3) of section one hundred and thirteen shall
be received in evidence before any court upon its mere production by the prosecutor without further proof:
Provided that the confession or statement shall not be used as evidence against the accused if he proves that
the statement was not made by him or was not made freely and voluntarily without his having been unduly influ-
enced thereto, and if, after the accused has presented his defence to the indictment, summons or charge, the
prosecutor considers it necessary to adduce further evidence in relation to the making of such confession or
statement, he may re-open his case for that purpose.
(3) If in any confession or statement made or evidence given by an accused person which would otherwise be
admissible there is contained matter which may be prejudicial to the accused and which is not relevant to the
charge preferred against him, the prosecutor may delete such matter from the confession, statement or evidence, as
the case may be, and such confession, statement or evidence, as the cas e may be, shall be admissible against such
accused person:
Provided that no confession, statement or evidence from which any matter has been deleted shall be adduced
or received in evidence unless a copy of the confession, statement or evidence from which such matter has been
deleted has been served upon the accused and he has not, within five days of such service, demanded that the
whole or part of any matter so deleted shall be included in the confession, statement or evidence if it is adduced in
evidence by the prosecutor.
(4) If an accused person demands that the whole or any part of any matter referred to in subsection (3) shall
be included in his confession, statement or evidence if it is adduced in evidence by the prosecutor, then such
confession, statement or evidence containing such matter shall, notwithstanding anything to the contrary in this
Act, be admissible in evidence against him.
257 Failure of accused to mention certain facts to police may be treated as evidence
Where in any proceedings against a person evidence is given that the accused, on being—
(a) questioned as a suspect by a police officer investigating an offence; or
(b) charged by a police officer with an offence; or
(c) informed by a police officer that he might be prosecuted for an offence;
failed to mention any fact relevant to his or her defence in those proceedings, being a fact which, in the circum-
stances existing at the time, he or she could reasonably have been expected to have mentioned when so ques-
tioned, charged or informed, as the case may be, the court, in determining whether there is any evidence that the
accused committed or whether the accused is guilty of the offence charged or any other offence of which he or she
may be convicted on that charge, may draw such inferences from the failure as appear proper and the failure may,
on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused.
[Section substituted by section 20 of Act 9 of 2006.]
258 Admissibility of facts discovered by means of inadmissible confession
(1) It shall be lawful to admit evidence of any fact otherwise admissible in evidence, notwithstanding that
such fact has been discovered and come to the knowledge of the witness who gives evidence respecting it only in
consequence of information given by the person under trial in any confession or statement which by law is not
admissible in evidence against him on such trial, and notwithstanding that the fact has been discovered and come
to the knowledge of the witness against the wish or will of the accused.
(2) It shall be lawful to admit evidence that anything was pointed out by the person under trial or that any fact
or thing was discovered in consequence of information given by such person notwithstanding that such pointing
out or information forms part of a confession or statement which by law is not admissible against him on such
trial.
259 Confession not admissible against other persons
No confession made by any person shall be admissible as evidence against any other person.
260 Evidence of character — when admissible
Except as is provided in section two hundred and ninety, no evidence as to the character of the accused or as
to the character of any woman on whose person any rape or assault with intent to commit a rape or indecent
assault is alleged to have been committed shall, in any such case, be admissible or inadmissible if such evidence
would be inadmissible or admissible in any similar case depending in the Supreme Court of Judicature of En g-
land.
261 Evidence of genuineness of disputed writings
Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall
be permitted to be made by witnesses, and such writings and the evidence of witnesses respecting the same may
be submitted to the court or magistrate, as the case may be, as evidence of the genuineness or otherwise of the
writing in dispute.
[Section amended by section 28 of Act 9 of 2006.]
262 Certified copy of record of criminal proceedings sufficient without production of record
When it is necessary to prove the trial and conviction or acquittal of any person charged with any offence, it
shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it
shall be sufficient that it is certified or purports to be certified under the hand of the registrar or clerk of the court
or other officer having the custody of the records of the court where such conviction or acquittal took place, or by
the deputy of such registrar, clerk or other officer, that the paper produced is a copy of the record of the indict-
ment, summons or charge and of the trial, conviction and judgment or acquittal, as the case may be, omitting the
formal parts thereof.
263 Issue estoppel
When it is legally competent, notwithstanding the former conviction of an accused, again to charge the ac-
cused with an offence arising out of the same act or omission upon which the former conviction was based, a
certified copy of the record of the former proceedings shall be admissible on its mere production by the prosecutor
as conclusive proof that the accused committed the former offence.
264 ….
[Section repealed by section 21 of Act 9 of 2006.]
F. Evidence of accomplices
267 Accomplices as witnesses for prosecution
(1) When the prosecutor at any trial informs the court that any person produced by him or her as a witness on
behalf of the prosecution has, in his or her opinion, been an accomplice, either as principal or accessory, in the
commission of the offence alleged in the charge, such person shall, notwithstanding anything to the contrary in
this Act, be compelled to be sworn or to make affirmation as a witness and to answer any question the reply to
which would tend to incriminate him or her in respect of such offence.
[Subsection substituted by section 22 of Act 9 of 2006.]
(2) If a person referred to in subsection (1) fully answers to the satisfaction of the court all such lawful ques-
tions as may be put to him, he shall, subject to subsection (3), be discharged from all liability to prosecution for
the offence concerned and the court or magistrate, as the case may be, shall cause such discharge to be entered on
the record of the proceedings.
(3) A discharge in terms of subsection (2) shall be of no effect and the entry thereof on the record of the pro-
ceedings shall be deleted if, when called as a witness at the trial of any person upon a charge of having committed
the offence concerned, the person concerned refuses to be sworn or to make affirmation as a witness or refuses or
fails to answer fully to the satisfaction of the court all such lawful questions as may be put to him.
[Subsection amended by section 22 of Act 9 of 2006.]
G. Sufficiency of evidence
269 Sufficiency of one witness in criminal cases, except perjury and treason
It shall be lawful for the court by which any person prosecuted for any offence is tried to convict such person
of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any
competent and credible witness:
Provided that it shall not be competent for any court—
(a) to convict any person of perjury on the evidence of any one witness as to the falsity of any statement
made by the accused unless, in addition to and independently of the testimony of such witness, some
other competent and credible evidence as to the falsity of such statement is given to such court;
(b) to convict any person of treason, except upon the evidence of two witnesses where one overt act is
charged in the indictment or, where two or more such overt acts are so charged, upon the evidence of
one witness to each such overt act;
(c) to convict any person on the single evidence of any witness of an offence in respect of which provision
to the contrary is made by any enactment.
270 Conviction on single evidence of accomplice, provided the offence is proved aliunde
Any court which is trying any person on a charge of any offence may convict him of any offence alleged
against him in the indictment, summons or charge under trial on the single evidence of any accomplice:
Provided that the offence has, by competent evidence other than the single and unconfirmed evidence of the
accomplice, been proved to the satisfaction of such court to have been actually committed.
271 Procedure on plea of guilty
(1) Where a person arraigned before the High Court on any charge pleads guilty to the offence charged or to
any other offence of which he might be found guilty on that charge and the prosecutor accepts that plea, the court
may, if the accused has pleaded guilty to any offence other than murder, convict and sentence him for that offence
without hearing any evidence.
(2) Where a person arraigned before a magistrates court on any charge pleads guilty to the offence charged or
to any other offence of which he might be found guilty on that charge and the prosecutor accepts that plea —
(a) the court may, if it is of the opinion that the offence does not merit punishment of imprisonment without
the option of a fine or of a fine exceeding level three, convict the accused of the offence to which he has
pleaded guilty and impose any competent sentence other than—
(i) imprisonment without the option of a fine; or
(ii) a fine exceeding level three;
or deal with the accused otherwise in accordance with the law;
[Paragraph amended by section 8 of Act 8 of 1997.]
(b) the court shall, if it is of the opinion that the offence merits any punishment referred to in subparagraph
(i) or (ii) of paragraph (a) or if requested thereto by the prosecutor—
(i) explain the charge and the essential elements of the offence to the accused and to that end
require the prosecutor to state, in so far as the acts or omissions on which the charge is based are
not apparent from the charge, on what acts or omissions the charge is based; and
(ii) inquire from the accused whether he understands the charge and the essential elements of the
offence and whether his plea of guilty is an admission of the elements of the offence and of the
acts or omissions stated in the charge or by the prosecutor;
and may, if satisfied that the accused understands the charge and the essential elements of the offence
and that he admits the elements of the offence and the acts or omissions on which the charge is based as
stated in the charge or by the prosecutor, convict the accused of the offence to which he has pleaded
guilty on his plea of guilty and impose any competent sentence or deal with the accused otherwise in ac-
cordance with the law:
Provided that, if the accused is legally represented, the court may, in lieu of the procedure provided in
subparagraphs (i) and (ii), satisfy itself that the accused understands the charge and the essential ele-
ments of the offence and that he admits the elements of the offence and the acts or omissions on which
the charge is based as stated in the charge or by the prosecutor by relying upon a statement to that effect
by the legal representative of the accused.
(3) Where a magistrate proceeds in terms of paragraph (b) of subsection (2)—
(a) the explanation of the charge and the essential elements of the offence; and
(b) any statement of the acts or omissions on which the charge is based referred to in subparagraph (i) of
that paragraph; and
(c) the reply by the accused to the inquiry referred to in subparagraph (ii) of that paragraph; and
(d) any statement made to the court by the accused in connection with the offence to which he has pleaded
guilty;
shall be recorded.
(4) The court may—
(a) call upon the prosecutor to present evidence on any aspect of the charge; and
(b) with regard to sentence, hear any evidence, including evidence or a statement made by or on behalf of
the accused.
(5) Where an accused has been convicted in terms of this section, the prosecutor and the court may, whether
or not he gives evidence, question him with regard to sentence and, if the accused is represented by a legal practi-
tioner, his legal representative may thereafter question him subject to the rules applicable to a party re-examining
his own witness.
272 Procedure where there is doubt in relation to plea of guilty
If the court, at any stage of the proceedings in terms of section two hundred and seventy-one and before sen-
tence is passed—
(a) is in doubt whether the accused is in law guilty of the offence to which he has pleaded guilty; or
(b) is not satisfied that the accused has admitted or correctly admitted all the essential elements of the
offence or all the acts or omissions on which the charge is based; or
(c) is not satisfied that the accused has no valid defence to the charge;
the court shall record a plea of not guilty and require the prosecution to proceed with the trial:
Provided that any element or act or omission correctly admitted by the accused up to the stage at which the
court records a plea of not guilty and which has been recorded in terms of subse ction (3) of section two hundred
and seventy-one shall be sufficient proof in any court of that element or act or omission.
273 Conviction on confession
Any court which is trying any person on a charge of any offence may convict him of any offence with which
he is charged by reason of a confession of that offence proved to have been made by him, although the confession
is not confirmed by other evidence:
Provided that the offence has, by competent evidence other than such confession, been proved to have been
actually committed.
274 Sufficiency of proof of appointment to public office
Any evidence which would, if credible, be considered in any criminal case depending in the Supreme Court
of Judicature in England to be sufficient proof of the appointment of any person to any public office or of the
authority of any person to act as a public officer shall, if credible, be deemed, in criminal cases in Zimbabwe,
sufficient proof of such appointment or authority.
H. Documentary evidence
275 Certified copies or extracts of documents admissible
(1) When any book or other document is of such a public nature as to be admissible in evidence on its mere
production from the proper custody, any copy thereof or extract therefrom shall be admissible in evidence in any
court:
Provided that such copy or extract shall not be admissible in evidence unless—
(a) it is proved to be an examined copy or extract; or
(b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the origi-
nal is entrusted.
[Subsection amended by section 28 of Act 9 of 2006.]
(2) The officer to whose custody the original book or record is entrusted shall furnish a certified copy thereof
or extract therefrom to any person applying at a reasonable time for the same upon payment of such sum as may
be prescribed.
276 Production of official documents
Any original document in the custody or under the control of any officer of the State by virtue of his office
may be produced in any criminal proceedings before any court unless the Minister certifies in writing that it is
undesirable that such original document should be so produced.
[Section amended by section 28 of Act 9 of 2006.]
277 Copies of official documents sufficient
(1) Except when the original is produced, as provided in section two hundred and seventy-six it shall be suf-
ficient to produce a copy of or extract from a document described in that section certified as a true copy by the
head of the Ministry, department or office in whose custody or under whose control such document is.
(2) A copy or extract certified in terms of subsection (1) shall be admissible in evidence before any court and
shall be of like effect as the original document.
[Subsection amended by section 28 of Act 9 of 2006.]
(3) It shall not be necessary for any head of a Ministry, department or office of the State to appear in person
to produce any original document in his custody or under his control as such officer, but it shall be sufficient if
such document is produced by some person authorized by him so to do.
(4) Certified copies of or extracts from any document referred to in subsection (3) may be handed in to the
court by the party who desires to avail himself of the same.
(5) If any officer authorized or required by this Act to furnish any certified copies or extracts wil fully certi-
fies any document as being a true copy or extract knowing that the same is not a true copy or extract, as the case
may be, he shall be guilty of an offence and liable to imprisonment for a period not e xceeding two years.
278 Admissibility of affidavits in certain circumstances
(1) In any criminal proceedings in which it is relevant to prove—
(a) any fact ascertained by an examination or process requiring knowledge of or skill in bacteriology,
chemistry, physics, microscopy, astronomy, mineralogy, anatomy, biology, haematology, histology,
toxicology, physiology, ballistics, geography or the identification of finger-prints, palm-prints or foot-
prints or any other knowledge or skill whatsoever;
(b) any opinion relating to any fact ascertained by an examination or process referred to in paragraph (a);
a document purporting to be an affidavit relating to any such examination or process and purporting to have been
made by any person qualified to carry out such examination or process who in that affidavit states that such fact
was ascertained by him or under his direction or supervision and that he arrived at such opinion, if any, stated
therein shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12),
be prima facie proof of the fact and of any opinion so stated.
(2) In any criminal proceedings in which it is relevant to prove—
(a) any fact ascertained by a medical practitioner in any examination carried out by him which is proper to
the duties of a medical practitioner;
(b) that any treatment, including the performance of an operation, was administered by a medical practitio-
ner;
(c) any opinion of a medical practitioner referred to in paragraph (a) or (b) relating to any fact or treatment
referred to in that paragraph;
a document purporting to be an affidavit relating to any such examination or treatment and purporting to have
been made by a person who in that affidavit states that he is or was a medical practitioner and in the performance
of his duties in that capacity he carried out such examination and ascertained such fact in such examination or
administered such treatment, and, in either case, arrived at such opinion, if any, stated therein shall, on its mere
production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of
the facts and of any opinion so stated.
(3) In any criminal proceedings in which it is relevant to prove—
(a) any fact ascertained or thing done by a person registered in terms of the Health Professions Act [Chap-
ter 27:19] in the course of his duties;
(b) any opinion of a person referred to in paragraph (a) relating to any fact or thing referred to in that para-
graph;
a document purporting to be an affidavit relating to any such duties and purporting to have been made by a person
who in that affidavit states that he is or was a person registered in terms of the Health Professions Act [Chap-
ter 27:19] and in the performance of his duties in that capacity he ascertained such fact or did such thing and, in
either case, arrived at such opinion, if any, stated therein shall, on its mere production in those proceedings by any
person, but subject to subsections (11) and (12), be prima facie proof of the facts and of any opinion so stated.
[Subsection amended by section 151 of Act 6 of 2000.]
(3a) For the avoidance of doubt, and without derogating from subsection (3), it is declared that in any crimi-
nal proceedings for the prosecution of a sexual offence, an affidavit relating to the examination or treatment of the
alleged victim of the offence made by a suitably qualified nurse who in that affidavit states he or she is a suitably
qualified nurse and in the performance of his or her duties in that capacity ascertained any fact by treating or
examining the alleged victim and arrived at any opinion relating to that fact, shall, on its mere production in those
proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts and of any
opinion so stated.
[Subsection inserted by section 23 of Act 9 of 2006.]
(4) In any criminal proceedings in which it is relevant to prove any fact relating to—
(a) the condition, efficiency, capability, design, dimensions or mass of any vehicle or part or accessory
thereof; or
(b) any damage alleged to have been caused to any vehicle or part or accessory thereof; or
(c) the mass of any load alleged to have been carried on or in any vehicle;
a document purporting to be an affidavit made by any person who in that affidavit states that he is or was an
inspecting officer as defined in the Road Traffic Act [Chapter 13:11] and in the performance of his official duties
in that capacity he ascertained such fact by examining, testing, measuring or weighing such vehicle, part, acces-
sory or load, shall, on its mere production in those proceedings by any person, but subject to subsections (11) and
(12), be prima facie proof of that fact.
(5) In any criminal proceedings in which the physical condition or identity of a deceased person or dead body
while such person or dead body was in or at a hospital, nursing-home, ambulance or mortuary, is relevant to the
issue, a document purporting to be an affidavit made by a person who in that affidavit states that he is or was
employed at or in connection with the hospital, nursing-home, ambulance or mortuary and that in the performance
of his official duties there or in connection therewith he observed the physical characteristics of the deceased
person or dead body described in the affidavit, or that while the deceased person or dead body was under his care,
such person or dead body sustained the injuries or wounds described in the affidavit or sustained no injuries or
wounds, or that he identified, pointed out or handed over the deceased person or dead body to another person or
left the deceased person or dead body in the care of another person, or that the deceased person or dead body was
identified, pointed out or handed over to him or left in his care by another person, shall, on its mere production in
those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts so
stated.
(6) In any criminal proceedings in which the identity of a person since deceased or of the body of a deceased
person is relevant to the issue, a document purporting to be an affidavit made by a person who in that affidavit
states that he knew the deceased person in his lifetime and that he identified the person or dead body to another
person shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12),
be prima facie proof of the facts so stated.
(7) In any criminal proceedings in which the receipt, custody, packing, delivery or dispatch of any document,
finger-print or palm-print, article of clothing, specimen, limb or organ or any object of whatever nature is relevant
to the issue, a document purporting to be an affidavit made by a person who in that affidavit states that in the
performance of his duties he received from, or delivered or dispatched to, a person, institute, Ministry, department
or laboratory mentioned in the affidavit the object described in the affidavit or packed or marked in a manner so
described, or that during the period mentioned in the affidavit he had the custody, in the manner so mentioned, of
the object described in the affidavit or packed or marked in the manner so described, as the case may be, shall, on
its mere production in those proceedings by any person, but subject to subse ctions (11) to (12), be prima facie
proof of the facts so stated.
(8) In any criminal proceedings in which it is relevant to prove that the details set out in any—
(a) consignment note executed for the purpose of the transport of any goods by the National Railways of
Zimbabwe or the Air Zimbabwe Corporation or any other person who carries on the business within
Zimbabwe of transporting goods; or
(b) report executed by an employee of a person referred to in paragraph (a) revealing a discrepancy between
the details relating to the goods dispatched on a consignment note referred to in that paragraph and the
goods actually present on arrival at the destination specified in the consignment note;
are correct, such details may, subject to subsections (11) and (12), be proved prima facie by the production by any
person of a document, purporting to be an affidavit made by the person who executed the consignment note or
report, in which it is stated that the details set out in the consignment note or report are correct in relation to the
goods described in the consignment note or report.
(9) In any criminal proceedings in which it is relevant to prove that any goods were delivered to the National
Railways of Zimbabwe or the Air Zimbabwe Corporation or any other person who carries on the business within
Zimbabwe of transporting goods for transport by that person, a document purporting to be an affidavit made by a
person who in that affidavit states that, on a date specified in the affidavit, he delivered the goods or caused the
goods to be delivered to the National Railways of Zimbabwe, the Air Zimbabwe Corporation or such other pe r-
son, as the case may be, or caused such goods to be delivered to that person for transport by that person shall, on
its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie
proof of the facts so stated.
(10) In any criminal proceedings in which it is relevant to prove—
(a) that a person or thing has or has not been registered or licensed or that a permit, certificate or authority
has or has not been issued in respect of any person or thing under an enactment; or
(b) where a person or thing has been registered or licensed or a permit, certificate or authority has been
issued in respect of any person or thing under an enactment, any particulars of or connected with the
registration, licence, permit, certificate or authority; or
(c) that anything relating to the registration, licence, permit, certificate or authority referred to in paragraph
(b), including the cancellation or suspension thereof, has been done;
a document purporting to be an affidavit made by a person who in that affidavit states that—
(i) he is a person upon whom the enactment in question confers the power or imposes the duty to do
any thing referred to in paragraph (a); and
(ii) in that capacity, he has the custody and control of the records relating to anything referred to in
paragraph (a) done by himself or any other person in the exercise of that power or duty; and
(iii) he has examined the records referred to in subparagraph (ii) and ascertained—
A. that any person or thing is or is not registered or licensed or that a permit, certificate or
authority has or has not been issued; or
B. any particular referred to in paragraph (b); or
C. that anything referred to in paragraph (c) has been done;
shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be
prima facie proof of the facts so ascertained.
(11) An affidavit referred to in this section shall not be admissible unless the prosecutor or the accused, as
the case may be, has received three days’ notice of its intended production or consents to its production.
(12) The court in which any affidavit referred to in this section is produced in evidence may, of its own mo-
tion or at the request of the prosecutor or of the accused, cause the person who made the affidavit or any other
person whose evidence the court considers to be necessary to give oral evidence in the proceedings in question in
relation to any statement contained in the affidavit or may cause written interrogatories to be submitted to such
person for reply, and such interrogatories or any reply thereto purporting to be a reply from such person shall, on
their mere production in those proceedings by any person, be admissible in evidence.
(13) Nothing in this section shall be construed as affecting any provision of any enactment under which any
certificate or other document is made admissible in evidence, and this section shall be deemed to be additional to,
and not in substitution of, any such provision.
279 Admissibility of photographs, plans and reports
(1) A medical practitioner who has prepared a report after his examination of any person or body may read
and put in such report at any trial and such report so read and put in shall, subject to all just exceptions, be admis-
sible in evidence in any court.
[Subsection amended by section 28 of Act 9 of 2006.]
(2) A photograph or plan relating any matter which is relevant to the issue in any proceedings shall be admis-
sible in evidence at any stage of such proceedings subject to the conditions that—
(a) any person who is a competent and compellable witness in such proceedings and upon whose indica-
tions or observations such photograph or plan was taken or prepared shall be called as a witness, either
before or after such photograph or plan is put in by the party tendering such evidence; or
(b) the evidence of such person is admitted in terms of section two hundred and fifty-five.
280 …
[Section repealed by section 24 of Act 9 of 2006.].
PART XV
DISCHARGE O F ACCUSED P ERSONS
349 Court may enforce payment of fine from moneys on accused or salary or wages of ac-
cused
Where a person is sentenced to pay a fine, whether with or without an alternative sentence of imprisonment,
the court may, without prejudice to any other power under this Act relating to the payment of a fine, enforce
payment of the fine, whether as to the whole or part thereof—
(a) by seizure of moneys upon the person concerned; or
(b) if money is due or is to become due as salary or wages from any employer of the person concerned,
by—
(i) from time to time ordering the employer to deduct a specified amount from the salary or wages
so due and to pay over such amount to the clerk of the court in question; or
(ii) ordering the employer to deduct from time to time a specified amount from the salary or wages
from the employer due and to pay over such amount to the clerk of the court in question.
350 Levy of fine and costs on conviction of defamation
When any person is convicted of the unlawful publication of any defamatory matter which was published by
means of printing, the prosecutor may levy the fine, if any, and costs out of any property of the offender in like
manner as in civil actions.
350A Community service orders
(1) Subject to this section and to regulations made in terms of section three hundred and eighty-nine, a court
which convicts a person of any offence may, instead of sentencing him to imprisonment or a fine, make a commu-
nity service order requiring him to render service for the benefit of the community or any section of the commu-
nity for such number of hours as shall be specified in the order.
(2) Where a court makes community service orders in respect of two or more offences of which the offender
has been convicted, the court may direct that all or any of the hours of service specified in any of the orders shall
be concurrent with those specified in any other order, and in the absence of such a direction the hours shall run
concurrently.
(3) A court which makes a community service order in respect of an offender may sentence the offender to a
fine and additionally, or alternatively, to imprisonment as an alternative punishment, to be paid or served, as the
case may be, if he fails to render the service specified in the order.
(4) A court may make a community service order in respect of an offender even if he has been convicted of
an offence under an enactment which makes provision only for a fine and additionally, or alternatively, impriso n-
ment as punishment for the offence:
Provided that this subsection shall not apply where a minimum penalty is prescribed in the enactment con-
cerned as punishment for the offence.
[Section inserted by section 18 of Act 8 of 1997.]
359 Magistrates court not to impose sentences of less than four days
No person shall be sentenced by a magistrates court to imprisonment for a period of less than four days,
unless the sentence is that the offender be detained until the rising of the court.
360 …..
[Section repealed by section 282 of Act 23 of 2004]
PART XIX
COMPENSATION AND R ESTITUTION
1. Any offence at common law, other than bigamy, blasphemy, compounding an offence, contempt of court,
criminal defamation, incest or violating a grave or dead body.
2. Any offence in terms of any enactment in respect of which a punishment of a period of imprisonment ex-
ceeding six months is provided and may be imposed without the option of a fine.
[Paragraph substituted by section 8 of Act 14 of 2004.]
3. A conspiracy, incitement or attempt to commit, or being an accessory after the fact to, any of the offences
specified in paragraph 1 or 2.
1. Any offence under any enactment relating to the unlawful possession, conveyance or supply of habit-
forming drugs or harmful liquids.
2. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or
precious stones.
3. Theft, either at common law or as defined by any enactment.
4. Breaking and entering any premises with intent to commit an offence, either at common law or in contraven-
tion of any enactment.
THIRD SCHEDULE (Sections 32, 116, 117(6) and 123)
OFFENCES IN RESPECT OF W HICH P OWER TO ADMIT P ERSONS TO B AIL IS EXCLUDED OR QUALIFIED
PART I
1. Murder, where—
(a) it was planned or premeditated, or
(b) the victim was—
(i) a law enforcement officer or public prosecutor performing his or her functions as such, whether
on duty or not, or a law enforcement officer or public prosecutor who was killed by virtue of his
or her holding such a position, or
(ii) a person who has given or was likely to give material evidence with reference to any offence
referred to in the First Schedule;
or
(c) the death of the victim was caused by the accused in committing or attempting to commit or after having
committed or having attempted to commit one of the following offences—
(i) rape; or
(ii) aggravated indecent assault, or
(iii) robbery with aggravating circumstances;
or
(d) the offence was committed by a person, group of persons or syndicate acting in the execution or further-
ance of a common purpose or conspiracy.
2. Rape or aggravated indecent assault—
(a) when committed—
(i) in circumstances where the victim was raped or indecently assaulted more than once, whether by
the accused or by any co-perpetrator or accomplice; or
(ii) by more than one person, where such persons acted in the execution or furtherance of a common
purpose or conspiracy; or
(iii) by a person who is charged with having committed two or more offences of rape or aggravated
indecent assault; or
(iv) by a person who knew that he or she had the acquired immune deficiency syndrome or the
human immunodeficiency virus;
or
(b) where the victim—
(i) is a girl or boy under the age of 16 years; or
(ii) is a physically disabled woman who, due to her physical disability, is rendered particularly
vulnerable; or
(iii) is mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health
Act [Chapter 15:12] (No. 15 of 1996);
or
(c) involving the infliction, of grievous bodily harm.
3. Robbery, involving—
(a) the use by the accused or any co-perpetrators or participants of a firearm; or
(b) the infliction of grievous bodily harm by the accused or any co-perpetrators or participants; or
(c) the taking of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
4. Assault or indecent assault of a child under the age of 16 years, involving the infliction of grievous bodily
harm.
5. Kidnapping or unlawful detention involving the infliction of grievous bodily harm.
6. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.
7. An offence referred to in Part II—
(a) where the accused has previously been convicted of an offence referred to in that Part or this Part; or
(b) which was allegedly committed while he or she was released on bail in respect of an offence referred to
in that Part or this Part.
PART II
1. Treason.
2. Murder otherwise than in the circumstances referred to in paragraph 1 of Part I.
3. Attempted murder involving the infliction of grievous bodily harm.
4. Malicious damage to property involving arson.
5. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
6. Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armaments, or
the possession of an automatic or semi-automatic firearm, explosives or armaments
7. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 4, 5 or 6.
8. Any offence where the Attorney-General has notified a magistrate of his intention to indict the person
concerned in terms of section 66.
FOURTH SCHEDULE
[Schedule repealed by section 44 of Act No. 1 of 2002.]
1. Murder.
2. Rape or aggravated indecent assault.
3. Robbery.
4. Assault in which a dangerous injury is inflicted.
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the
Criminal Law Code.
6. Unlawful entry into premises committed in aggravating circumstances as provided in section 131(2) of the
Criminal Law Code.
7. Theft, making off without payment, receiving any stolen property knowing it to have been stolen, fraud or
forgery, if the amount or value involved in any such offence exceeds five hundred thousand dollars.
8. Stock theft.
9. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or
precious stones.
10. Any offence relating to the coinage or banknotes.
11. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.
12. Any conspiracy, incitement or attempt to commit an offence specified in paragraphs 1 to 11
[Schedule substituted by Act No. 23 of 2004]
1. Murder.
2. Rape or aggravated indecent assault.
[Paragraph amended by Act No. 23 of 2004
3. Robbery.
4. Assault with intent to commit murder, rape or robbery or to do grievous bodily harm.
5. Culpable homicide involving an assault.
6. Indecent assault.
7. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the
Criminal Law Code.
[Paragraph as substituted by Act No. 23 of 2004]
8. Fraud.
9. Forgery.
10. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the
Criminal Law Code
11. Theft, stock theft, making off without payment or receiving any stolen property knowing it to have been
stolen.
12. …..
[Paragraph repealed by Act No. 23 of 2004]
13. Extortion.
14. Any offence, not being an offence under the law of Zimbabwe, by whatever name called, which is substan-
tially similar to an offence specified in paragraphs 1 to 13.
15. Any offence in terms of any enactment in respect of which the maximum punishment is imprisonment for a
period of six months or more without the option of a fine.
16. Any attempt, conspiracy or incitement to commit, or being an accessory after the fact to the commission of,
an offence specified in paragraphs 1 to 15.
1. Murder, other than the murder by a woman of her newly born child.
2. Any conspiracy or incitement to commit murder.
3. Any offence in respect of which any enactment imposes a minimum sentence and any conspiracy, incitement
or attempt to commit any such offence.
1. Any offence referred to in Chapter IX (“Bribery and Corruption”) of the Criminal Law Code.
2. Contravening section 63 (“Money-laundering”) of the Serious Offences (Confiscation of Profits) Act [Chap-
ter 9:17].
3. The sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain
Marketing Act [Chapter 18:14].
4. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or
precious stones.
5. Any offence referred to in Chapter VII (“Crimes Involving Dangerous Drugs”) of the Criminal Law Code,
other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis.
6. Fraud or forgery
(a) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or
potential prejudice is less than such amount as the Minister may prescribe by notice in a statutory in-
strument; or
(b) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a
common purpose or conspiracy; or
(c) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as
the Minister may prescribe by notice in a statutory instrument.
7. Contravening section 42 (“Offences relating to banknotes”) of the Reserve Bank Act [Chapter 22:15] or
committing any offence relating to the coinage.
8. Contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act
[Chapter 22:05] as read with
(a) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instru-
ment 109 of 1996, (in this paragraph and paragraph 8 called “the Exchange Control Regulations”), by
dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regula-
tions without the permission of an exchange control authority;
(b) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment,
placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that
section of the Regulations;
(c) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully
making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zim-
babwe;
(d) paragraph (b) (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlaw-
fully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or con-
taining gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
(e) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods
from Zimbabwe in contravention of that provision of the Regulations.
9. Contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chap-
ter 22:05] by making any false statement or producing any false document in connection with a contra-
vention of subsection (2) of section 21 of the Exchange Control Regulations.
10 . Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
11 . Theft or forgery of
(a) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration
Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zim-
babwe; or
(b) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration
Act [Chapter 4:02], or in terms of any enactment relating to refugees; or
(c) any passport, identity document or drivers licence issued by a foreign government; or
(d) a vehicle registration plate; or
(e) any documentation relating to the registration or insurance of a motor vehicle.
12. Stock theft involving a bovine or equine animal.
13. A conspiracy, incitement or attempt to commit any offence referred to in paragraphs 1 to 12.
[Schedule substituted by Act No. 23 of 2004]